PATENT SEARCHS APPLICATIONS

By Tom Brinkman

The George Washington University

     A patent can be crucial to the success of an individual's invention. However, the road to obtain a patent can be a long and lonely one, and sometimes a very costly one. Prior to the Internet, once an idea had been generated it could have taken months to simply locate a reputable patent agent or attorney. It then could have taken the attorney or agent additional weeks/months to have a preliminary patent search performed to ensure your idea had not already been developed. This process was not only time consuming, but it was also very expensive. Today, the Internet provides us a vehicle that allows us to perform a significant portion of the preliminary work on our own. It also allows us to communicate with numerous individuals with relevant patent experience. My objectives with this page is to give you an overview of what a patent is, the advantages of a patent, and where the best patented related resources are located.

Overview

     A patent is a grant from the Patent and Trademark Office (PTO) to the inventor of a new product giving them the right to exclude others from making, using, or selling their invention in the US. Design patents can also be granted if the design is new, original, or is of significant change to the original design enhancing sales of that product. To be patented the invention must be new (novelty), useful (utility), and not obvious to a person of ordinary skill or knowledge. The typical term of a patent is for 20 years from the filing date (14 years from the issue date for designing patents). After the term of the patent expires, the public has the right to use, make, and sell the concept.

Advantages

     As you can imagine there are a number of advantages to having a patent. The most obvious one is the fact you will have a twenty-year monopoly on the technology and the profits associated with the use and selling of the concept. There are additional advantages. For instance, the patent or its application can be used as a sales tool to potential investors. By comparing the new technology to existing technology in a clear and concise manner a potential investor may feel more comfortable that the concept is realistic and can be implemented. In addition, a patent or its application can also be used as a sales tool to potential customers. A potential customer will be less reluctant to purchase your product and its technology if they can be sure a competitor will not enter the market shortly thereafter with an identical product but cheaper.

The Process

There are a few key steps that should be taken when obtaining a patent:
1
. Document all work starting at the conception of the idea
2. Be sure to have a non-disclosure/non-compete agreement before discussing your idea
3. Conduct a preliminary patent search to ensure your idea is an original (via the web)
4. Locate a reputable patent attorney/agent to assist you with the filing process and any relevant laws


Best Patented Related Resources To Assist You:

     U.S. Patent and Trademark Office (PTO) Web Site==>http://www.uspto.gov.
     This is a government-sponsored site containing all the information you will ever need to know regarding patent searches. While it has all the information you may need it is a bit difficult and cumbersome to use.

IBM's Intellectual Property Network (IPN) Web Site==>http://www.ibm.com/patent
     This site was developed by IBM to help its researchers perform quick and simple patent searches. IBM made this site available to the public last year allowing us to search and view patent documents from the US and Europe issued since 1974. It is very easy to use with a number of alternative search methods. In addition, similar to the PTO site, copies of patents can be easily ordered for a small fee with delivery by fax, mail, or CD-ROM.

The Patent Portal: Internet Patent Resources==>http://www.law.vill.edu/~rgruner/patport.htm
     This site was developed by Richard S. Gruner a Professor of Law at the Whittier Law School in Los Angeles. Dr. Gruner has indexed and organized numerous links to sites concerning patents including: recent patent news, materials on patent law, patent attorneys and agents, and other services and resources related to patents. Once you have completed your patent search this is a great place to locate an attorney or agent by providing the official Registry of Patent Attorneys and Agents, as well as listing links to numerous attorneys and agents on the web.

InventNET - The Inventors Network==>http://www.inventnet.com
     This site received the "Best 50 Web Sites Award" for 1998 from the Popular Science magazine. This site aims to provide inventors with all the necessary information to develop and market their inventions. In addition to the general patent help information it also provides: a classified section where inventions for sale are displayed, a monthly newsletter, inventing books, and one of the most important features every inventor should use - a sample of a nondisclosure/noncompete agreement that can be edited for your specific needs.

     The Thomas Register==>http://www.thomasregister.com.
     If you have all the necessary information for patenting your invention, and you are looking for someone to help you manufacture your idea this is an excellent site to visit. After registering, this site allows you to search through a database of 155,000 different manufacturers by company name, or the industrial products or services they provide. For many of the sites a simple click will send you directly to their home page.